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re: YouTube series focuses on the Louisiana trial lawyer scam

Posted on 6/25/20 at 12:33 pm to
Posted by tigerfoot
Alexandria
Member since Sep 2006
60682 posts
Posted on 6/25/20 at 12:33 pm to
quote:

No pain and suffering. Why is your workers comp insurance so high?

Hell if I know, it was like that with every quote I got. It isn't that it is that high, it is that it is that much higher than Arkansas.
Posted by boosiebadazz
Member since Feb 2008
84448 posts
Posted on 6/25/20 at 12:45 pm to
quote:

My point: This is very, very complex and the measures being debated by LaLeg aren't accounting for this complexity. There are a lot of options, which, if taken together, could conceivably correct some of the issues. But it isn't as easy as saying no collateral source but you get 1.5x your health insurance premiums. This just creates an entirely different system of recovery to exploit


Everyone agrees the problem we're trying to fix is high auto insurance rates relative to other states.

Rates are driven by a variety of factors, among them age, credit score, legal climate of domicile state, occupation, marital status, individual driving record, and a whole host of other factors.

If we're looking at best practices of other states, why are we only doing it for the legal system? Why are we not looking at what other states do regarding underwriting practices and the regulatory framework within the Department of Insurance? LABI outright killed those bills in committee this year.

And if we're really looking at best practices and only focusing on the legal system, why don't we just adopt wholesale the damages and collateral source scheme of another state?

LINK
This post was edited on 6/25/20 at 1:00 pm
Posted by LSUFanHouston
NOLA
Member since Jul 2009
40206 posts
Posted on 6/25/20 at 12:51 pm to
quote:

You are some gullible people to go for this insurance industry propaganda hook, line and sinker...


Why don't we just pick another state, and take their entire set of rules, and just do the same thing here?

Doesn't matter which state, they are all better than us.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
40206 posts
Posted on 6/25/20 at 12:53 pm to
quote:

I know dealing with insurance company’s directly is not only a pain , they will screw your eyes out every chance they get thus it’s almost better to go straight to a lawyer you get screwed as well but at least come out ahead. I know it wouldn’t fix all problems but just making insurance companies pay the actual price of the damages done would make a lot of this disappear. They avoid they stall they do everything in their power to not pay.


I'm guessing the insurance companies are screwing their policyholders in the other 49 states as well, right?

And yet, the other 49 states don't have the problems we have.
Posted by The Johnny Lawrence
Member since Sep 2016
2211 posts
Posted on 6/25/20 at 12:59 pm to
That link is about punitive damages, which isn't an issue.

I think you could look at it from an underwriting perspective, as well. I think you could take it in a ton of directions and lower the insurance rates while still allowing truly hurt people to be made whole. The problem, as I see it, the proposed legislation doesn't do that. It just changes the system. Personal injury law in Louisiana is a game between plaintiff attorneys and defense attorneys/insurance companies. Tort reform, as proposed, changes the rules and location of the game. It doesn't change the outcomes or how much is spent by both sides on the game.
Posted by brewhan davey
Audubon Place
Member since Sep 2010
33282 posts
Posted on 6/25/20 at 1:01 pm to
quote:

That link is about punitive damages, which isn't an issue.


Awarding write-off amounts as "special" damages is essentially awarding punitive damages.
Posted by boosiebadazz
Member since Feb 2008
84448 posts
Posted on 6/25/20 at 1:10 pm to
Then let’s allow for punitives in Louisiana in all cases as a host of other states do.

Posted by brewhan davey
Audubon Place
Member since Sep 2010
33282 posts
Posted on 6/25/20 at 1:10 pm to
quote:

Then let’s allow for punitives in Louisiana in all cases as a host of other states do.


You just need to find some kid-diddling cases baw
Posted by boosiebadazz
Member since Feb 2008
84448 posts
Posted on 6/25/20 at 1:12 pm to
actually have a drunk driver case right now, but I think my client just wants to be done with it. I definitely include that I’ve advised her of the possibility of punitives in my settlement authority though
Posted by brewhan davey
Audubon Place
Member since Sep 2010
33282 posts
Posted on 6/25/20 at 1:15 pm to
quote:

actually have a drunk driver case right now, but I think my client just wants to be done with it. I definitely include that I’ve advised her of the possibility of punitives in my settlement authority though


I can see that being one of those cases that each party just wants to put behind them.
Posted by Parmen
Member since Apr 2016
18317 posts
Posted on 6/25/20 at 1:16 pm to
quote:

Then let’s allow for punitives in Louisiana in all cases as a host of other states do.


Good luck
Posted by Clames
Member since Oct 2010
18863 posts
Posted on 6/25/20 at 1:17 pm to
quote:

Why don't we just pick another state, and take their entire set of rules, and just do the same thing here?



Louisiana's private law is substantially different from the other 49 states. French and Spanish civil law codes underpinning means there is no such cut-and-paste for us.
Posted by Verbal Kent
Member since Aug 2013
114 posts
Posted on 6/25/20 at 1:23 pm to
That is correct. Plaintiff attorney is collecting back the costs for the comp carrier. I pay them back all of the time
Posted by boosiebadazz
Member since Feb 2008
84448 posts
Posted on 6/25/20 at 1:28 pm to
I’m aware. That’s more for the lurkers
Posted by TigerGman
Center of the Universe
Member since Sep 2006
13435 posts
Posted on 6/25/20 at 2:02 pm to
quote:

That’s a terrible idea unless the “loser” is determined by reference to settlement offers.



Why?
Posted by Northshoretiger87
Member since Apr 2016
4954 posts
Posted on 6/25/20 at 3:09 pm to
You’re right about that. The lawsuit has already begun, and the attorney fees are already kicking in. Rates for the non-fault party are still going up, though.
Posted by lsuson
Metairie
Member since Oct 2013
15007 posts
Posted on 6/25/20 at 3:54 pm to
theronswanson

What law firm do you work for?
Posted by The Johnny Lawrence
Member since Sep 2016
2211 posts
Posted on 6/25/20 at 7:28 pm to
Because the plaintiff almost always wins. You've just added 33% to what the insurance company owes. If it is tied to settlement positions, it's better, but still not ideal.
Posted by Cajun Tifoso
Lafayette, LA
Member since Sep 2010
2718 posts
Posted on 6/25/20 at 7:44 pm to
quote:

That is correct. Plaintiff attorney is collecting back the costs for the comp carrier. I pay them back all of the time


Yeah, but you still keep your Moody fee. The comp carrier is never made whole.
Posted by boosiebadazz
Member since Feb 2008
84448 posts
Posted on 6/25/20 at 7:50 pm to
quote:

LWCC has given back to its policyholders, through the dividend program, a total return of $712 million over a period of 16 consecutive years. This amounts to more than LWCC’s total underwriting profit since inception in 1992.


quote:

LWCC’s board of directors has declared a $51 million dividend for 2018 that will be distributed to over 20,000 policyholders in mid-April. This amount represents one-fourth of the premium LWCC earned in 2018.


Yet somehow comp insurers seem to survive. Some may say even thrive.

LINK
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